No sign shall hereafter be or caused to be erected, re-erected,
relocated, constructed, enlarged, maintained or altered without a
sign permit. No sign permit shall be issued except as shown on an
approved site development plan or sign plan. Signs conforming to the
New York State Department of Transportation Manual of Uniform Traffic
Control Devices and other traffic regulatory signs shown on an approved
site development plan or required pursuant to the order of municipal
traffic control agencies shall be exempt from the requirement for
sign permits.
A.
Not permitted. Any sign not expressly permitted by this chapter is
prohibited. No signs shall be placed, painted or drawn upon trees,
rocks or natural features on the site, or on utility poles, bridges,
culverts, towers or similar structures.
B.
Types prohibited. Additional types of signs that are prohibited include:
(1)
Flashing, moving and revolving signs, including any sign or device
on which the artificial light is not maintained stationary and constant
in intensity and color at all times when in use, except for clocks
and customary time and temperature devices.
(2)
Billboard or off-premises signs. Any sign affected by this chapter
purporting to advertise or announce a product not for sale on the
premises or only incidentally for sale or the business name or activities
of any firm, partnership, business or corporation not attached to
the premises used or occupied by said firm, partnership, business
or corporation.
(3)
Signs representing or depicting, to any degree, official traffic
signs or signals.
(4)
Signs which emit radio waves, noise, sounds or smoke.
(5)
Signs made of cardboard, paper or similar impermanent materials,
except for interior or temporary signs.
(6)
Signs mounted on parked vehicles or trailers or other similar mobile
advertising media not permanently installed and approved.
(7)
Signs which project over a street.
(8)
Signs obstructing traffic visibility.
(9)
Abandoned signs.
(a)
Any existing signs, except those which are directly painted
onto the face of a building, which pertain to an activity no longer
in existence shall be removed by the owners of the signs within 30
days from the time the activity ceases existence. This provision does
not apply to seasonal activities during the regular periods in which
they are closed.
(b)
If the owner of the sign fails to remove or cause to be removed
such within 30 days after written notice by the Building Official
or his designee, the Building Official or his designee is authorized
to remove such sign and assess the cost of such removal to the owner
of the property.
(10)
Roof signs. As shown below:
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As a general guide, the following is a summary of the types
of signs which are permitted.
A.
All residential districts. Accessory signs permitted by right:
(1)
One announcement sign for any residence, home professional office
or home occupation, which must be not more than four square feet in
area and set back at least 10 feet from any designated street line.
Such signs may be indirectly illuminated by a light integral to the
sign.
(2)
One temporary nonilluminated "for sale" or "for rent" sign which
must not be less than 15 feet from any designated street line. Such
sign shall be promptly removed when premises are sold or rented.
B.
All nonresidential districts. Accessory signs shall be as follows:
(1)
Temporary nonilluminated "for sale" or "for rent" sign(s) which must
be not more than 30 square feet in total area for all signs. The limitations
on the number and setback of such signs shall be as set forth below.
(3)
Directory sign(s) and shopping center identification sign(s) for
shopping centers.
C.
All districts.
(1)
Directional signs. Such signs are permitted in all districts and
accessory to any use requiring site development plan review. Such
signs shall be located as determined by the Building Official and
shall generally not exceed three square feet in area and, if illuminated,
shall not exhibit glare.
(2)
Sandwich boards or other temporary signs located on a sidewalk or
pedestrian walkway.
The following additional requirements and standards shall apply
to the types of signs identified below:
A.
Identification signs for nonresidential establishments in residential
districts.
(1)
Freestanding signs may be provided, not to exceed 20 square feet
in area, located at least 15 feet from any designated street line,
not to exceed one such sign on each street frontage, except that each
500 feet of frontage shall be considered an additional frontage; such
signs may be indirectly illuminated by a constant light integral to
the sign.
(2)
One such sign may be provided on each street frontage, except that
each 500 feet of frontage shall be considered an additional frontage.
(3)
Such signs shall be promptly removed when premises are sold or rented.
B.
"For sale" or "for rent" signs in nonresidential districts.
(1)
Such signs shall be located no closer than 10 feet to any designated
street line.
(2)
One such sign may be provided on each street frontage, except that
each 500 feet of frontage shall be considered an additional frontage.
(3)
Such signs shall be promptly removed when premises are sold or rented.
C.
Business identification signs.
(1)
In the case of a building devoted to one or more uses or establishments,
one indirectly illuminated sign for each such use or establishment
may be located on each building facade facing the frontage street
or streets, or parking lots or pedestrian courts as directed by the
Building Official. The total sign area on each facade shall not exceed
20% of the primary facade area in the NMU, CBD, and WMU Districts
or 60 square feet in the LI District. Any other building face other
than the primary shall be allowed a maximum of a twenty-square-foot
sign.
(2)
In the case of a use or establishment not involving a building, one
freestanding business identification sign may be located on a lot
facing each frontage street, as directed by the Building Official,
with the total sign area of each sign not to exceed 30 square feet,
and provided that each such sign shall be set back a minimum of 10
feet from any designated street line. Such signs shall not be illuminated
by exposed tubes, bulbs, or similar exposed light sources, and there
shall be no exterior spotlighting or other illumination of any such
sign that will cause any glare.
(3)
In the case of motor vehicle service stations, customary pump island
price signs, not to exceed one square foot per sign per pump upon
each island, may be permitted.
(4)
Mural or painted wall signs may be unlit or illuminated by non-glare
wall-mounted lighting suitable to the Building Official.
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Example Calculations:
Building = 12' H x 35' W = 420 sq. ft.
20% of building front = 3.91' H x 28.01'L = 84 sq. ft.
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D.
Freestanding signs in shopping centers.
(1)
One freestanding sign may be located on a shopping center site for
each street frontage, at least 10 feet from the property line, with
a total sign area of each such sign not to exceed 40 square feet.
Only those tenants not identified on any other shopping center sign
may be identified on the freestanding sign.
(2)
Such signs shall not exceed 25 feet above ground level, measured
from the top of the sign, and a minimum of 10 feet from grade to bottom
of sign.
(3)
Such signs shall not be illuminated by exposed tubes, bulbs or similar
exposed light sources, and there shall be no exterior spotlighting
or illumination of any such sign that will cause any glare.
(4)
Such signs shall be owned and maintained by the same management as
the shopping center, and said management shall exercise full responsibility
for the proper installation and maintenance of such freestanding signs.
E.
Illuminated signs.
(1)
A sign illuminated by electricity or equipped in any way with devices
or applications shall conform with respect to wiring and appliances
to the regulations of the New York Board of Fire Underwriters and
shall bear an Underwriter's stamp and must be wired by an electrician
licensed by the City of Port Jervis.
(2)
No sign shall be illuminated by gas.
(3)
Signs self-illuminated from within. All wiring shall be self-enclosed
in armored cable.
F.
Ground or freestanding signs.
(1)
Ground and freestanding signs shall be permitted only if the signs
are set back at least 10 feet from the front property line. Only one
such sign shall be set back at least 10 feet from the property line.
The top of such sign shall be no higher than 15 feet from the ground,
and the sign shall be no larger than 24 square feet. Such signs are
limited to pole signs affixed to at least a single pole with no guy
wire or bracing. All ground signs shall be located within the property
line, and the location and illumination of such shall not block the
view of or otherwise interfere with official traffic signs and signals
or other permitted signs.
(2)
A freestanding sign to identify the occupants of a medical clinic
or professional office building shall be permitted in any district
where such uses are permitted under this chapter. It may be erected
with two poles as long as all other requirements of this section are
satisfied. Signs shall be constructed in such fashion so as not to
interfere with the flow or view of traffic.
(3)
Freestanding signs shall be permitted as downtown business directories
at strategic locations approved by the Building Official. The sign
standard shall be no higher than 10 feet from the ground and no larger
than 24 square feet in area on a single face. The individual placards
shall be no larger than three inches in height and 12 inches wide.
Said signs shall only be permitted to be erected by a businessmen's
association or similar organization. No more than one such directory
will be permitted on any given street corner. Once a standard design
is established by an organization and is approved by the Building
Official, all future directories shall conform to that design.
G.
Interior signs. An interior sign or combination of signs, temporary
or permanent, shall not cover more than 50% of each window upon which
or in which it is affixed, displayed or painted.
H.
Marquee signs. Signs shall not be permitted on any marquee, other
than signs built into and forming a part of the structure of the marquee.
Such signs shall not exceed a height of three feet or a total area
of 21 square feet on any one side of the marquee and shall not extend
beyond the edge of the marquee. In addition to the foregoing, only
that portion of the marquee containing such sign may be illuminated.
I.
Wall signs (including painted murals used as signs). Wall signs,
as defined in this chapter, shall be attached to the face of the building
in a plane parallel to such face. Such sign shall not extend or project
more than eight inches from the face of the building. Any such sign
which overhangs any publicly owned property shall not extend higher
than the top of the parapet, in the case of one-story buildings, and
in the case of other buildings it shall not extend above the sill
of the windows of the second story nor extend more than 15 feet above
the outside grade. No wall sign or combination of signs on any single
frontage in a business district shall exceed an area equivalent to
100% of the linear length of the structure on such frontage or a maximum
of 50 square feet, whichever is less. Where an establishment for which
signs are permitted has a rear entrance on a public way or parking
lot or frontage on two or more streets, such as a corner, signs shall
be permitted on each frontage, up to the maximum permitted for that
frontage. Wall signs shall not cover, wholly or partially, any wall
opening, including doors, fire escapes and windows, nor project beyond
the ends of the wall to which they are attached. All such signs must
be safely and adequately attached to said building wall by means satisfactory
to the Building Official or his designee. Within an industrial district,
one sign not exceeding 100 square feet is permitted for each street
frontage from which access is provided to the lot.
J.
Overhanging signs. Each establishment in a business district shall be permitted one overhanging sign which shall project not more than 48 inches from the perpendicular face of the building, unless such sign hangs from a permanent canopy over the walkway and shall not exceed 10 square feet in area. Such signs shall be limited to frontage on streets and mall areas. All overhanging signs shall be constructed of such material in such workmanlike manner as shall make them safe and satisfactory to the Building Official or his designee. The bottom of such signs shall be a minimum of nine feet or a maximum of 12 feet above the sidewalk and shall not extend beyond the curbline or into any areas which are accessible to service or emergency vehicles or which interfere with fire fighting. Any such sign which overhangs any publicly owned property shall be insured in accordance with § 535-63F.
K.
Temporary signs. The erection, installation or maintenance of temporary
signs is hereby prohibited, except as follows:
(1)
The Building Official may grant special permission for the maintenance of a temporary sign or signs to a municipal, charitable, or nonprofit organization or requested special event for a period of not to exceed 15 days. Said permit, by the consent of the Building Official, may be extended for an additional period not to exceed 15 days with banner insurance as in § 535-63F. Submission of a refundable bond in the amount prescribed by the Common Council from time to time is required. The bond amount is refundable to the applicant upon removal and inspection by the Building Official or his designee.
(2)
A temporary sign announcing anticipated occupancy of a site or building
shall be permitted for a period not to exceed six months without approval.
Such sign shall not exceed 24 square feet if it is freestanding and
shall not exceed the maximum size permitted for a permanent sign if
it is affixed to a building.
(3)
Temporary signs announcing special sales or events shall be permitted
without approval for a period not to exceed 15 days. Any such temporary
signs must conform to the size and location requirements applicable
to permanent signs.
(4)
Real estate signs. Such signs shall be for the sole purpose of advertising
the sale of the premises upon which the sign is located.
(a)
Provisions applicable to all zoning districts. One real estate
sign only, not larger than six square feet on one lot, advertising
the sale or letting of only the premises on which it is maintained
and set back not less than 15 feet from the street line and not less
than 10 feet from each side line, shall be allowed; where setbacks
do not permit. This regulation shall apply to all zoning districts.
(b)
Prohibited locations. No sign shall be erected, placed or maintained
within the right-of-way lines of any public street, sidewalk or public
right-of-way. Any sign violating this subsection may be removed by
the Building Official/Code Enforcement Officer or any other City employee
or agent duly designated by the Mayor without prior notice to the
owner. Such removal shall include the sign structure.
(5)
All political support signs shall be removed seven days after the
general election.
(a)
Political campaign signs do not require a permit from the City.
(b)
Political campaign signs shall not be designed or situated so
as to become a traffic or safety hazard.
(c)
Political campaign signs should not be placed on private property
without the owner's permission.
(d)
The candidate, on whose behalf the sign is placed, is responsible
for having the signs removed.
(6)
Temporary signs may not be placed to stand on sidewalks or other
pedestrian walkways.
L.
Under-canopy signs. Signs affixed to the underside of a canopy, marquee,
or architectural projection shall be limited to a copy area not to
exceed eight square feet. One such sign shall be permitted for each
means of entrance to or exit from a premises utilizing a canopy-type
structure and/or for every 100 linear feet of such canopy-type structure.
A.
General. Permits for new and modified signs shall be issued by the
Building Official upon a finding of conformance with the standards
of this chapter. The Planning Board may permit signs larger in area
or greater in vertical dimension or height above the ground level
than those described above, on finding that such signs are required
by virtue of the special circumstances of the site or of the uses
under consideration at the time of site development plan review.
B.
Submission; standards; required data.
(1)
The applicant shall submit all plans and required information for
proposed signs to the Building Official for his approval.
(2)
Application standards.
(a)
Signs should be a subordinate part of the streetscape rather
than the dominant features. Properly designed signs can add interest
to building facades without overpowering them.
(b)
Standard, approved methods of constant illumination shall be
permitted on ground signs and wall signs; provided, however, that
they shall concentrate the illumination upon the area of the sign
so as to prevent direct glare upon the street or adjacent residential
property.
(c)
Except for holiday seasons or grand openings, as approved by
the Building Official or his designee, no sign or part thereof shall
consist of pennants, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices.
(d)
A sign shall not be suspended from an awning.
(e)
All ground signs shall be designed according to generally accepted
engineering practice to withstand wind pressure applied to the projected
exposed area allowing for wind from any direction of 75 pounds per
square foot.
(f)
Signs noting that a property has been sold must be removed at
or before taking title.
(g)
To the extent possible, adjacent wall signs on the same or adjoining
buildings should be placed within the same horizontal band and be
of reasonably harmonious materials and colors.
(h)
Adjacent freestanding signs should be of the same height from
the ground and should be as low as practical.
(i)
All signs should be as small and discreet as possible.
(j)
The number of signs should be limited to as few as practical.
(k)
Lettering should be as small as possible but shall not exceed
two feet in height; the sign should have as few words as possible.
(l)
All signs shall be incidental, customary to and commonly associated
with the principal use.
(m)
Garish colors, lights or materials should be avoided. Whenever
possible, natural material such as wood or iron should be utilized.
(3)
Application data.
(a)
Application for the permit shall be made to the Building Official
or his designee, in writing, upon forms prescribed and provided by
the Building Official or his designee and shall contain the following
data:
[1]
Name, address and telephone number of the applicant.
[2]
Location of the building, structure and/or land to which or
upon which the sign is to be erected.
[3]
A reasonably detailed drawing or blueprint showing a description
of the construction details of the sign and showing the lettering
and/or pictorial matter composing the sign and the position of the
lighting or other extraneous devices and weights and a location plan
showing the position in relation to nearby buildings or structures
and to any private or public street or highway. This requirement may
be fulfilled by a legible drawing prepared by the store owner or tenant.
[4]
Written consent of the owner of the building, structure and/or
land to which or on which the sign is to be erected, in the event
that the applicant is not the owner thereof.
[5]
Such other pertinent information as the Building Official or
his designee may require to ensure compliance with this chapter.
(b)
An illuminated sign must be underwritten by an approved testing
firm and must be wired by an electrician licensed by the City of Port
Jervis.
(c)
The owner of the structure and/or land to which or on which
any sign is erected shall be required to save harmless the City of
Port Jervis from any damage or claim arising out of the enforcement
of this chapter.
C.
Application time limit. Following formal submission to the Building
Official or his designee, he shall act to approve, disapprove or approve
with conditions said application within 10 days from submission. The
Building Official shall notify the applicant immediately, in writing,
of his action, and he shall thereupon either issue a permit, with
or without conditions, or issue a notice of disapproval. Approved
sign permits expire after 60 days. One thirty-day extension may be
granted by the Building Official or his designee upon written request
of the applicant.
D.
Condition, safety and maintenance. All signs shall be properly secured,
supported and braced and shall be kept in good structural condition
and clean and well painted at all times. Every sign, its framework,
braces, anchors and other supports shall be constructed of such material
and in such workmanlike manner as shall make them safe and satisfactory
to the Building Official or his designee. Signs shall be positioned
so as not to block fire-fighting operations.
E.
Notice of violation; failure to comply. If the Building Official
or his designee shall find that any sign regulated herein is unsafe
or insecure or is a menace to the public, or has been erected in violation
of the provisions of this chapter or without a permit, he shall give
written notice to the permittee or owner or lessee of the premises
thereof. If the permittee fails to move or alter the sign so as to
comply with the standards herein set forth within 15 days after such
notice, such sign may be removed or altered to comply by the Building
Official or his designee, at the expense of the permittee or owner
who refuses to pay costs so assessed. The Building Official or his
designee may cause any sign which is an immediate peril to persons
or property to be removed summarily and without notice.
F.
Insurance required.
(1)
For any sign erected which requires the issuance of a permit there
shall be furnished to the City of Port Jervis a certificate from an
insurance company, duly licensed in the State of New York and subject
to the approval of the Corporation Counsel, certifying that the owner
of the premises and/or the tenant of the premises responsible for
the affixing, painting, or erecting of a sign has in force and effect
a policy of general liability insurance. The cancellation of this
policy shall effect a cancellation of any sign permit issued.
(2)
Where a sign shall be erected which sign shall in whole or in part encroach upon a public street, public highway or public right-of-way, the owner of the premises or the owner of said sign or signs shall furnish to the City of Port Jervis a public liability policy as provided for in Subsection F(1) above and, in addition, said policy shall name the City of Port Jervis as an additional named insured.
(3)
In addition to the insurance required in Subsection F(1) and (2), the acceptance of a permit by an applicant shall be deemed agreement by the applicant that the applicant shall indemnify and hold harmless the City of Port Jervis from any and all damages, judgments, costs and expenses which said City may incur arising from the erection, alteration, repair, relocation, reconstruction or use of any such signs.
(4)
Temporary and/or banner signs. The requirement of insurance set forth
in the foregoing subsections as well as the requirements of indemnification
shall apply equally to temporary signs or banners and upon the same
terms and conditions.
G.
Exceptions. The provisions and regulations of this chapter shall
not apply to the following signs:
(1)
Bulletin boards and signs not over 16 square feet in area for public,
charitable or religious institutions where the same are located on
the premises of said institutions.
(2)
A sign not exceeding 16 square feet in area denoting the architect,
engineer and contractor when placed upon public property where work
is under construction. Such signs shall have the written approval
of the Building Official or his designee with regard to length of
time that the sign can be maintained.
(3)
Name and number plates and professional signs, not more than two
square feet in area.
(4)
Memorial signs or tablets, names of buildings and date of erection
when cut into any masonry surface or when constructed of bronze or
similar material and affixed directly to the front face of the building
and parallel to such front face and which shall not exceed four square
feet in area.
H.
Nonconforming signs.
(1)
Any sign of a type not permitted by this chapter or which exceeds
the maximum size permitted herein by 10% at the time of adoption of
this code shall be a nonconforming use.
(2)
A nonconforming sign shall not be enlarged and shall be removed if
the Building Official or his designee declares it unsafe. The relettering,
painting or decorating of such signs shall be permitted, but any sign
once removed for more than 90 days for purposes other than relettering
or decoration shall be deemed permanently removed and may be replaced
only in accordance with the provisions of this chapter.
(3)
A sign legally erected and legally existing which becomes a nonconforming
sign as a result of the enactment of this chapter or as a result of
any amendment thereof shall be a nonconforming use.
